HomeMy WebLinkAbout04-11-11 Regular Meeting of La Porte City Council 7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 11, 2011 Appropriation:
Requested By: Tim Tietiens Source of Funds: N/A
Department: Planning Account Number: N/A
Report: Resolution: Ordinance: X Amount Budgeted: N/A
Exhibits: Ordinance Amount Requested: N/A
Aerial Map
Budgeted Item: N/A
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during their March 17, 2011, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #11- 91000003. The applicant, La Porte Real Property,
LLC., seeks a permit to develop a proposed empty container /chassis yard at 901 North Broadway using the old Harris
County Municipal Solid Waste (MSW) Landfill No.3, which has been closed for approximately 30 years. The applicant
purchased the 47.709 acre site in 2007 with the intent of using the site for the stated purpose. This property is located one
block north of Barbour's Cut Boulevard between North Broadway and North 8 Street. It is bounded by undeveloped and
heavily wooded `J' Street to the north, and `H' Street right -of -way to the south, which is intended to accommodate a future
railroad spur. On March 14, 2011, Council approved rezoning of the subject site from Light Industrial (LI) and Heavy
Industrial (HI) to Planned Unit Development (PUD). This SCUP is a result of that rezoning.
The redevelopment plan would first upgrade the landfill cap and create a supplemental proposed stabilized surface
capable of accommodating vehicles and empty containers. Broadway is currently the only access to the site; however, a
second ingress /egress point will be constructed accessing "J" Street for a more direct connection to SH146. Detention
ponds will be provided along with a planting plan which includes Benthamii Eucalyptus trees to create a continuous visual
screen from SH 146.
A majority of the Planning and Zoning Commission is additionally recommending a stacking limitation of shipping
containers two high. Also, the applicant was asked to submit an annual report regarding the site maintenance activities to
supplement the existing one million dollar maintenance bond that was required through the 2007 conveyance documents.
The proposed project represents a significant impact to economic development within the City of La Porte. Redevelopment
and acquisition costs exceed three million dollars, and should contribute approximately $36K in annual revenues for the City
(exclusive of County and LPISD revenues). A building permit would be issued once the Special Conditional Use Permit is
approved by the City followed by a major development site plan for the project.
As required by Ordinance, notices of the public hearing were mailed to thirteen property owners within 200' of the subject
site. No response was received from the mailout. The Planning and Zoning Commission, by unanimous vote,
recommends City Council approve Special Conditional Use Permit #11-91000003.
It is the opinion of staff that the proposed development is entirely appropriate for the community not only for the heavy
industrial nature of that sector, but also due to its proximity to the Bayport Container Port, thereby reducing the need for
other potential container yards in the community, and the length of resulting truck trips otherwise. The landfill would
become 47 acres of productive land use instead of unusable land and it would also generate revenue. Staff Recommends
approving the project with conditions Council considers appropriate.
Action Required by Council:
1. Conduct public hearing.
2. Consider taking action on a recommendation by the Planning and Zoning Commission regarding Special Conditional
. se Permit Request #11-91000003, for the redevelopment of Landfill Site #3 located at 901 North Broadway.
A r _K or Ci i Council A enda
Ron Bottoms, City Manager Date
ORDINANCE NO. 33 3
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 11- 91000003 FOR THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING A
CONTAINER/CHASSIS YARD AT 901 NORTH BROADWAY, IN A PLANNED UNIT
DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #11-91000003, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of a container /chassis yard for the
following described property, to wit: 47.709 acre tract of land situated in the Johnson Hunter
Survey, Abstract No. 35, containing all of Outlots 10 and 11, and Blocks 373, 374, and 376, a
subdivision according to the map or plat thereof recorded in Volume 83, Page 345 of the Deed
Records of Harris County, all of Blocks 377, 378, 379, and 380 in the subdivision of Outlot 9 of
the Nebraska Syndicate, a subdivision according to the map or plat thereof recorded in Volume
458, Page 331 of the Deed Records of Harris County, also known as 901 North Broadway, within
a Planned Unit Development (PUD) zoning district.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance of the goals and objectives stated in the City
of La Porte's Comprehensive Plan.
Section 7. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the / / day of d./9/t.t..i , 2011.
Cl Y OF LA PORTE
f
By:
Louis R., i by, Mayor
A EST:
Patrice Fogarty, City(- cretary d
APPROVED:
'444/6-AX4
Clark Askins, Assistant City Attorney
2
City of La Porte
Special Conditional Use Permit # 11- 91000003
This permit is issued to: La Porte Real Property, LLC. c/o Brian Bommer
Owner or Agent
1655 Louisiana, Beaumont, TX 77701
Address
For Development of: A container /chassis yard on the site of closed Harris County Landfill Site #3
Development Name
901 North Broadway, La Porte, TX 77571
Address
Legal Description: 47.709 acre (2,078,202 sq.ft.) tract of land situated in the Johnson Hunter
Survey, Abstract No. 35, Harris County, Texas, containing all of Outlots 10 and
11, and Blocks 373, 374, and 376 in La Porte, Texas, a subdivision according
to the map or plat thereof recorded in Volume 83, Page 345 of the Deed
Records of Harris County, Texas, all of Blocks 377, 378, 379, and 380 in the
subdivision of Outlot 9 of the Nebraska Syndicate Tract, a subdivision
according to the map or plat thereof recorded in Volume 458, Page 331 of the
Deed Records of Harris County, Texas.
Zoning: Planned Unit Development (PUD)
Use: Truck/trailer Parking, Container /Chassis Yard
Permit Conditions:
1. This SCUP outlines in general terms the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development anticipated by this
SCUP and the approved plan shall require further submittal and approval of plats, site plans,
construction drawings etc.
2. Plan submittals shall be in accordance with this SCUP, ordinances and policies of the City of La
Porte and specifically Section 106 -216 & 217 of the Zoning Ordinance.
3. Proposed construction shall be in accordance with the TCEQ authorization for re- grading and
paving activities and not for construction of any enclosed structure or underground utilities.
4. Stacking of shipping containers shall be permitted up to two (2) containers high on property
previously zoned Light Industrial (652' from an easterly right -of -way line of North 8 Street up to
southwesterly corner of Outlot 11) and four (4) containers high on property previously zoned
Heavy Industrial (from southeast corner of Outlot 11 up to North Broadway).
5. Storm water drainage will require on -site detention to mitigate any adverse impact associated
with this development. North 8 Street will be graded from discharge point to move the flow to
the north into F101 Channel.
6. A statement from the owner /developer specifying clear responsibility for maintenance of
detention system shall be noted on the site plan.
7. The owner or developer shall develop a planting plan that includes Benthamii Eucalyptus trees
and creates a continuous visual screen. Trees shall be planted along North 8 Street and 400
feet along J & H Streets from an intersection with North 8 Street. Landscaping along North
Broadway is also required in accordance with the City ordinance.
8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner /developer.
9. An application of geo -tech surfacing shall be applicable per manufacturer's specification.
Owner /developer shall provide proof to the City for on -site applications.
10. Provide the City a letter stating responsibility for the maintenance of the Landfill Site.
11. The owner /developer must secure a maintenance bond according to the City's Ordinances,
seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve
fund mechanism" that establishes an account for the sole purpose of maintenance of the
Landfill Site for the lifetime of the project.
12. Owner /developer shall submit an annual report to the City describing maintenance activity of
landscaping /screening and surfacing occurring through annual period.
13. This permit does not become valid until a Development Site Plan is submitted to the City;
reviewed and approved in accordance with the requirements of the Development Ordinance
and this Special Conditional Use Permit.
14. The developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of
La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date: o //- 1/
f j e3 a aittv
Director of PI nning City Secreted
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
1 i
I, o ` v\\ 1 CC as a member of the City of La Porte l Vb
C oin N (` \ , make this affidavit and hereby on oath state the following: I have a
substantial interest in a business entity or real property as defined in Chapter 171, Texas Local
Government Code, and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business entity or real property.
The agenda ite on \ \
■
(\ \ , 20 1 , affecting this business entity or real
property e is: "`t1 s t
COMPLETE (A) OR (B): (A) The business entity is C-\ C \``° > \ 1 �' C■SC'Kname); or
(B) The real property is located at:
I have a substantial interest for the following reasons: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $15,000 or more of the fair market value of the
/business entity.
V Funds received from the business entity exceed 10% of gross income for the
previous year.
Real property is involved and I have an equitable or legal ownership of the
property with a fair market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or real
property that would be affected by a decision of the public body of which I
am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
Singed this �� day of , 29.. (
� �N\;\ 1: ,\—
Signature of Official
THE STATE OF TEXAS §
COUNTY OF HARRIS §
Bef e me t L . LL. i I t 11- tj (\ on this day personally appeared
V t i l V i 431 Cf ((. - - known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he /she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this 11 day of A fyti,/ , , 20 1 1 •
(SEAL) F ,
7 , s.
L L j\ i LL, ( )'L -\-- -, 0 : ^i ; YVONNE GARRISON
No Public in and for the State of Texas ' ' ' "' MY COMMISSION EXPIRES
7 , , .f i �� : October 28, 2013